Die Brüder Menendez

I came to this Netflix documentary about the Menendez brothers case, probably like a lot of other people, after viewing the same channel's recently broadcast controversial 9-part drama, released under the "Monsters" title. I personally couldn't remember anything about the case before I watched the series, however, what I think is pretty inarguable is that it was slanted in favour of the prosecution case, which eventually prevailed at a retrial, finding the brothers guilty of first-degree murder and sentenced to life imprisonment without parole.

This two-hour film however was very different. Using extensive recent audio-interviews with them, I believe there's equally little doubt that the film-makers believe that the two were indeed provoked by the alleged incestuous sexually abusive behaviour of their father, to shockingly shoot both him and his wife, their mother, while they watched TV in their palatial family home.

With access to many of the original participants in the case, including jurors from both trials, also witnesses and representatives for both the defence and the prosecution, including the original female prosecutor, this was highly provocative in the claims it seemed to make. The point is made that in the intervening thirty years, with society's acceptance of parental sexual abuse in particular by fathers on their own children, including their sons, coupled with the emergence of the "#MeToo" movement, that the siblings were incorrectly charged and subsequently sentenced to jail. The claim here is that they should have received the lesser sentence of manslaughter, which would have resulted in much shorter custodial sentences them both, meaning of course they would have long since been freed by now.

The point is also made that the pair likely caught the backlash of the DA Office's perception that the near-contemporary acquittal of OJ Simpson and before that also of the four policemen who beat up Rodney King, meant that they were determined to this time obtain a high-profile conviction with the notorious brothers fitting the bill. One other interesting fact is that on the original hung-jury, the 50/50 split amongst them was on a gender basis, with the six males voting guilty and the six females accepting the self-defence claim.

I thought from the TV series that I knew how I'd have voted if I'd been on either jury but this alternative counter-argument, did make me revisit my thoughts on the case.

That said, I do believe that being kept in jail for over 30 years is certainly long enough, even for the terrible crime they committed and tried to cover up and that I wouldn't argue if their soon-upcoming appeal is upheld and they are freed, as I believe is now probable.

Time has told and time will tell...